Willis v Ray White Maryborough

The applicants, Willis, appealed against a decision of the Residential Tenancies Authority (RTA) which found them liable for damage to the rental property and the cost of cleaning curtains. The appeal was heard in the Queensland Civil and Administrative Tribunal (QCAT). The applicants argued that the tribunal did not consider the case on its merits and that they were denied procedural fairness. They also challenged the finding that they were liable for the cost of professional curtain cleaning.

The court needed to determine whether the applicants were afforded procedural fairness, whether the tribunal decided the case on its merits, and whether the finding that the applicants were liable for the curtain cleaning was supported by sufficient evidence. The court found that the applicants were not denied procedural fairness, as they were given an opportunity to present their case and respond to the respondent's submissions. However, the tribunal did not decide the case on its merits, as it failed to address the applicants' arguments regarding the cost of curtain cleaning. Furthermore, the finding that the applicants were liable for the curtain cleaning was not supported by sufficient evidence, as there was no evidence that the applicants caused the damage to the curtains.

As a result, the appeal was allowed in part. The tribunal order was amended to reduce the compensation amount for the curtain cleaning from $859.79 to $359.79, and the balance of the security bond of $680.21 was to be returned to the applicants or, alternatively, the respondent was to refund $500 to the applicants. The applicants were granted leave to appeal and the appeal was allowed in part.